Common use of Additional Provisions Relating to Interest Rate Clause in Contracts

Additional Provisions Relating to Interest Rate. 3.11(a) If the Lender has determined, after the date hereof, that the adoption or the becoming effective of, or any change in, or any change by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof in the interpretation or administration of, any applicable law, rule or regulation regarding capital adequacy, or compliance by the Lender with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the Lender’s capital or assets as a consequence of its commitments or obligations hereunder to a level below that which Lender could have achieved but for such adoption, effectiveness, change or compliance (taking into consideration Lender’s policies with respect to capital adequacy), then, upon notice from the Lender to the Borrower and delivery by the Lender of a statement setting forth the reduction in the rate of return experienced by the Lender and the amount necessary to compensate the Lender under this Section 3.11(a), the Borrower shall be obligated to pay to the Lender such additional amount or amounts as will compensate Lender for such reduction. Each determination by Lender of amounts owing under this Section shall, absent manifest error, be conclusive and binding on the parties hereto.

Additional Provisions Relating to Interest Rate. 3.11(a(a) If the any Lender has reasonably determined, after the date hereof, that the adoption or the becoming effective of, or any change in, or any change by any Governmental Authoritygovernmental authority, central bank or comparable agency charged with the interpretation or administration thereof in the interpretation or administration of, any applicable law, rule or regulation regarding capital adequacy, or compliance by the such Lender with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the such Lender’s capital or assets as a consequence of its commitments or obligations hereunder to a level below that which such Lender could have achieved but for such adoption, effectiveness, change or compliance (taking into consideration such Lender’s policies with respect to capital adequacy), then, upon notice Notice from the such Lender to the Administrative Agent and Borrower and delivery by the such Lender of a statement setting forth the reduction in the rate of return experienced by the such Lender and the amount necessary to compensate the such Lender under this Section 3.11(a3.9(a), the Borrower shall be obligated to pay to the such Lender such additional amount or amounts as will compensate such Lender for such reduction. Each determination by a Lender of amounts owing under this Section shall, absent manifest error, be conclusive and binding on the parties hereto. In the event of the assessment of any amounts under this Section 3.9, Borrower may terminate this Agreement provided that prior to such termination becoming effective, Borrower shall repay all Obligations and any other amounts due hereunder or under any other Loan Documents, including, without limitation, any and all accrued and unpaid interest, fees, costs and expenses, amounts in respect of contingent indemnification obligations provided for under the Loan Documents and any amounts assessed under this Section 3.9.

Additional Provisions Relating to Interest Rate. 3.11(a(i) If the Lender Credit Agent has determined, after the date hereof, that the adoption or the becoming effective of, or any change in, or any change by any Governmental Authoritygovernmental authority, central bank or comparable agency charged with the interpretation or administration thereof in the interpretation or administration of, any applicable law, rule or regulation regarding capital adequacy, or compliance by the any Lender with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the such Lender’s capital or assets as a consequence of its commitments or obligations hereunder to a level below that which such Lender could have achieved but for such adoption, effectiveness, change or compliance (taking into consideration such Lender’s policies with respect to capital adequacy), then, upon notice from the Lender Credit Agent to the Borrower Company and delivery by the Lender Credit Agent of a statement setting forth the reduction in the rate of return experienced by the affected Lender and the amount necessary to compensate the such Lender under this Section 3.11(a1.8(i), the Borrower Company shall be obligated to pay to the affected Lender such additional amount or amounts as will compensate such Lender for such reduction, to the extent such Lender reasonably determines such reduction is allocable to the existence of such Lender’s commitment to lend hereunder. Each determination by Lender Credit Agent of amounts owing under this Section shall, absent manifest error, be conclusive and binding on the parties hereto.

Additional Provisions Relating to Interest Rate. 3.11(a3.12(a) If the Lender has determined, after the date hereof, that the adoption or the becoming effective of, or any change in, or any change by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof in the interpretation or administration of, any applicable law, rule or regulation regarding capital adequacy, or compliance by the Lender with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the Lender’s capital or assets as a consequence of its commitments or obligations hereunder to a level below that which Lender could have achieved but for such adoption, effectiveness, change or compliance (taking into consideration Lender’s policies with respect to capital adequacy), then, upon notice from the Lender to the Borrower Borrowers and delivery by the Lender of a statement setting forth the reduction in the rate of return experienced by the Lender and the amount necessary to compensate the Lender under this Section 3.11(a3.12(a), the Borrower Borrowers shall be obligated to pay to the Lender such additional amount or amounts as will compensate Lender for such reduction. Each determination by Lender of amounts owing under this Section shall, absent manifest error, be conclusive and binding on the parties hereto.

Additional Provisions Relating to Interest Rate. 3.11(a) If the Lender any Recipient has determined, after the date hereof, that the adoption or the becoming effective of, or any change in, or any change by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof in the interpretation or administration of, any applicable law, rule or regulation regarding capital adequacy, or compliance by the Lender such Recipient with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the Lendersuch Recipient’s capital or assets as a consequence of its commitments or obligations hereunder to a level below that which Lender such Recipient could have achieved but for such adoption, effectiveness, change or compliance (taking into consideration Lendersuch Recipient’s policies with respect to capital adequacy), then, upon notice from the Lender such Recipient to the Borrower and delivery by the Lender such Recipient of a statement setting forth the reduction in the rate of return experienced by the Lender such Recipient and the amount necessary to compensate the Lender such Recipient under this Section 3.11(a), the Borrower shall be obligated to pay to the Lender such Recipient such additional amount or amounts as will compensate Lender such Recipient for such reduction. Each determination by Lender such Recipient of amounts owing under this Section shall, absent manifest error, be conclusive and binding on the parties hereto.

Additional Provisions Relating to Interest Rate. 3.11(a2.8(a) If the Lender has determined, after the date hereof, that the adoption or the becoming effective of, or any change in, or any change by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof in the interpretation or administration of, any applicable law, rule or regulation regarding capital adequacy, or compliance by the Lender with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the Lender’s capital or assets as a consequence of its commitments or obligations hereunder to a level below that which Lender could have achieved but for such adoption, effectiveness, change or compliance (taking into consideration Lender’s policies with respect to capital adequacy), then, upon notice from the Lender to the Borrower and delivery by the Lender of a statement setting forth the reduction in the rate of return experienced by the Lender and the amount necessary to compensate the Lender under this Section 3.11(a2.8(a), the Borrower shall be obligated to pay to the Lender such additional amount or amounts as will compensate Lender for such reduction. Each determination by Lender of amounts owing under this Section shall, absent manifest error, be conclusive and binding on the parties hereto.

Additional Provisions Relating to Interest Rate. 3.11(a) If the Lender has determined, after the date hereof, that the adoption or the becoming effective of, or any change in, or any change by any Governmental Authority, central bank or comparable agency charged with the interpretation or administration thereof in the interpretation or administration of, any applicable law, rule or regulation regarding capital adequacy, or compliance by the Lender with any request or directive regarding capital adequacy (whether or not having the force of law) of any such authority, central bank or comparable agency, has or would have the effect of reducing the rate of return on the Lender’s capital or assets as a consequence of its commitments or obligations hereunder to a level below that which Lender could have achieved but for such adoption, effectiveness, change or compliance (taking into consideration Lender’s policies with respect to capital adequacy), then, upon notice from the Lender to the Borrower and delivery by the Lender of a statement setting forth the reduction in the rate of return experienced by the Lender and the amount necessary to compensate the Lender under this Section 3.11(a), the Borrower shall be obligated to pay to the Lender such additional amount or amounts as will compensate Lender for such reduction. Each determination by Lender of amounts owing under this Section shall, absent manifest error, be conclusive and binding on the parties hereto.